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The Constitution is the supreme law of the
Republic i.e. the set of foundation principles on which
the country and society will be governed. It is the
baseline for policy and legislation, and is itself
legislated by the Bill of Rights, and enforced by the
Constitutional Court.
A policy is a government document which sets out
guidelines for decision making and action. In a
democratic environment it is the product of government's
involvement in a consultative process
with communities, and helps to set priorities and
allocate resources.
Framework policies are
the executive policy documents. These provide broad
principles for action, and guide a wide range of
operational policies and activities. Framework policies
include the Reconstruction and Development Programme,
and the Environmental Management policy.
A Framework strategy is
similar to a framework policy in that it may impact
across sectors and departments, but differs from a
policy in that it specifies targets, action programmes
and activities. The Growth, Employment and
Redistribution
(GEAR) strategy is a framework strategy.
Amongst its goals are 6% real growth in GDP per annum,
the creation of 400,000 new jobs, and reducing the
budget deficit to 3%, all by the year 2000
Cross-cutting policies
impact on a range of sectors, but have a less broad
focus. Examples include policies on Biodiversity,
Integrated Pollution Control and Waste Management, and
Coastal Management.
Sectoral policies are
focussed on specific natural resources such as water,
forestry, marine resources, and land, or activities which impact on them such as Energy generation and Mining.
Legislation, in the form of
Bills and Acts, which have been passed through the
parliamentary process, documents the legally binding
processes by which policies are enforced (although
framework policies and strategies do not always have to
go through this process). The usual process is as
follows:
Green paper(or Discussion document): Formulated
by the Department concerned, generally in consultation
with specialists, the Green paper sets out the
principles of the policy. This is published in the
Government Gazette for comment by the public and stakeholders.
Once comments have been received, it may be revised, and
formulated into a White paper.
The White paper is then
submitted to cabinet for approval, and published in the
Government Gazette for further comment. It is then
drafted into a Bill (with or without amendments).
The Bill sets out the legal
implications of the policy principles. It is submitted
to the National Council of Provinces, the National
Assembly, and Cabinet for approval.
The Bill becomes an Act once it has been
signed by the President. The Act is published in the
Government Gazette, with the promulgation date on which
it comes into effect.
Regulations are specific
departmental ground rules or codes of conduct, standards
or procedures which must be followed in order to comply
with legislation. Environmental Impact
Assessment regulations and emissions regulations are examples.
Legislation and regulation provide the framework by
which government:
- responds or intervenes to address an environmental
concern
- gives effect to environmental policy
- ensures that environmental
factors are taken into account in
decision-making
A Commission is a
select panel of experts set up to investigate and recommend
national and international behaviour. The International
Whaling Commission was set up for example, to monitor
whaling activities, whale populations, and to make
recommendations. Membership is voluntary to a commission.
An International Agreement is between two or
more countries, and generally has a specific focus
regarding relations between the parties concerned. For
example, the General Agreement on Tarriffs and Trade
(GATT) is an agreement between the US and Latin America
regarding import and export taxes.
An International Convention
is an agreement that has been drafted by an
international, independent organisation (e.g. the Convention on Biological Diversity was set up to promote sustainable use of biological resources, effected through regional cooperation of signatory countries), which various governments then sign, to
support certain actions.
A Treaty is a written
agreement between two or more states or Sovereigns,
governed by international law.
A Protocol is a set of
regulations or boundaries to operation, recommended by a
Convention or Commission, in order to comply with the
agreement, convention or treaty. For example the Montreal
Protocol (signed by 175 countries, including South
Africa) commits governments to reduce
emissions of ozon-depleting CFCs over a certain time period.
A State may become party to an international
convention by signature, wherby the government
representative signs on behalf of the country, to comply
with the convention. The convention is later
ratified by the government, which signifies agreement to be
bound by the convention. A government can also
accede to a convention whereby the State did not
sign the convention when it was open for signature, but
later formally agrees to be bound by the
convention.
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